Chen v Bannerman [2001] FCA 160

Chen v Bannerman [2001] FCA 160

The applicant did not satisfy the Court that he had a counter-claim, set-off, or cross-demand equal to or exceeding the judgment debt, which he could not have set up in the proceeding in which the judgment was obtained, nor did his claim have sufficient substance or likelihood of success.

Source-derived case information.

Parties
Applicant: Dong Chen; Respondent: David Sutherland Bannerman
Jurisdiction
Australia
Judgment Date
20 February 2001
Procedural Posture
Bankruptcy Application / Application to Set Aside Bankruptcy Notice
Outcome
Application dismissed
Legal Topics
Counter Claim in Bankruptcy, Assessment of Solicitor's Costs, Setting Aside Bankruptcy Notice
Bankruptcy Counter Claim in Bankruptcy Assessment of Solicitor's Costs Setting Aside Bankruptcy Notice

Source-derived case record

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Parties

Dong Chen

Applicant

David Sutherland Bannerman

Respondent

Procedural Posture

Bankruptcy Application / Application to Set Aside Bankruptcy Notice

Legal Issues

  1. 1 Whether the applicant has a counter-claim, set-off or cross-demand equal to or exceeding the judgment debt which could not have been set up in the proceeding in which the judgment was obtained
  2. 2 Whether the applicant's claim is valid, genuine, likely to succeed, and prima facie

Ratio Decidendi

The applicant did not satisfy the Court that he had a counter-claim, set-off, or cross-demand equal to or exceeding the judgment debt, which he could not have set up in the proceeding in which the judgment was obtained, nor did his claim have sufficient substance or likelihood of success.

Court Disposition

Application dismissed

Orders

  • The applicant pay the respondent's costs, including reserved costs.
  • Time for compliance with the Bankruptcy Notice expires at midnight on 20 February 2001.